Credit card companies and debt buyers are filing suit in Dallas County and the surrounding areas regularly and frequently. If you are served with a lawsuit, here are some facts you should know:

• If the lawsuit was filed in a Dallas County Justice of the Peace, you are required to file a response or answer with court within ten days of the first Monday after you have been served with the lawsuit papers.

• If the lawsuit was filed in a Dallas County Court or District Court, the time limit is longer; 20 days following the first Monday after you are served.

• Just being served with a lawsuit, does not automatically mean the credit card company or debt buyer wins. The credit card company always has the burden of proof and must prove its case in order to get a judgment.

• If you do not file a response with the Court, the claims made in the lawsuit are assumed to be true and it is highly likely that the Court will sign a judgment for the amount of money asked for in the lawsuit.

• Sending a request for verification or validation of the account to the credit card company or debt buyer will not, alone, be enough to stop the collection case from proceeding to court and to trial.

• Most credit card lawsuits filed in Dallas County also include with the actual document, discovery requests, including Requests for Admission. If the Requests for Admission are not responded to by the deadline, they are deemed admitted. The requests to admit usually include all the facts needed by the credit card company or debt buyer to prove their case.

• Often, the credit card company or debt buyer does not have the necessary documentation to back up their claim.

• Often, a debt buyer does not have the necessary documentation to prove it owns or has been assigned your particular debt.

• It is not uncommon for the amount the credit card company claims to be due to be incorrect.

• Sometimes, the suit has been filed outside the statute of limitations. The statute of limitations for suit on a debt in Texas is four years.

• Even if you have these defenses or any other defense, there are certain formalities in the way the defenses must be made in order to get them before the Court.

• If the lawsuit is filed in Dallas County Court or District, the court proceedings will be subject to the Texas Rules of Civil Procedure and Rules of Evidence, even if you represent yourself.

• If you are served with a credit card lawsuit in Dallas County, it is highly recommended that you hire a consumer lawyer to represent you who has experience in credit card defense.